138 Negotiable Instruments ACt 1881

Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved
Dear members,

I am appearing for Accused for the charges u/s 138 Of NI Act, 1881.

My Query:-

After perusing teh records and roznama,The Complainant at the time of filing complaint has not paid process fee, no summons was collected by complainant nor was it served upon the Accused, but to Accused shock directly warrant was served upon him.

Therefore, the same was pointed before the Court, the Ld magistrate then said whatever has happened forget it, our application for cancellation of warrant was returned and accused was released on execution of PR bond of Rs.3000/- and the next date was given to be 16th June 2010.

I remianed present with the accused on given date 16/06/2010 but to my clients shock and surprise the said matter was preponed on 14/06/2010 and non bailable warrant was issued.

the same was again pointed to new magistrate appointed in place of old magistrate, teh court replied saying that magistrate has power to issue bailable warrant without summons being served.

here, it may be noted that no process fee was paid for summons, nor was it ever collected nor served,directly warrant was issued.

My question is under what section or provisions of Cr.P.C magistrate has power to issue directly warrant as pointed by magistrate

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s.subramanian (Expert) 23 July 2010
the magistrate cannot issue a warrant directly in cases of this kind unless the accused does not comply with the directions of the court. the issuance of the warrant at the first time without summons for appearnace itself is illegal. you should have opposed it tooth and nail. moreover the issuance of nbw preponing the case withput notice to ypu is still more illegal. take up the matter to high court under sec.482 cr.p.c.